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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1989
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 9, A. D.
1990
VOLUME LX VII

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY-FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A.D.
1989
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 9, A.D.
1990
VOLUME LX VII
CHAPTER I
FORMERLY
HOUSE BILL NO. 60
AN ACT TO AMEND SUBCHAPTER 1, CHAPTER 3, TITLE 10, DELAWARE CODE, RELATING TO THE COURT OF
CHANCERY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE Of DELAWARE:
Section 1. Amend 5307, Subchapter 1, Chapter 3, Title 10, Delaware Code, by striking
said section in its entirety and substituting in lieu thereof a new Section 307 to read as
follows:
5307. Additional Vice Chancellors
There shall be three Vice Chancellors in addition to the Chancellor and Vice Chancellor
specifically required by the provisions of Article IV, §2 of the Constitution."
Approved January 31, 1989.
CHAPTER 2
FORMERLY
SENATE BILL NO. 32
AN ACT TO AMEND CHAPTER 19, TITLE 7, DELAWARE CODE, RELATING TO UNLAWFUL TAKING OF
SHELLFISH.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 51904(b), Chapter 19, Title 7, Delaware Code, by inserting after the
word "shellfish" and before the words "for commercial" the following:
", except crabs,".
Approved February 8, 1989.
CHAPTER 3
FORMERLY
SENATE BILL NO. 63
AN ACT TO AMEND TITLg 19 OF THE DELAWARE CODE RELATING TO THE COLLECTION OF UNEMPLOYMENT
BENEFITS OVERPAYMENTS.
BE IT ENACTED BY THg GENERAL ASSEMBLY OF THE STATE Of DELAWARE:
Section 1. Amend 53325, Title 19 of the Delaware Code by adding the following at the
end of the last paragraph of 53325: "No action shall be taken by the Department to collect
in whole or in part an overpayment of benefits to any person after a period of 5 years from
the date on which the overpayment was made by the Department."
Section 2. Neither the State nor any State agency shall continue to collect after the
effective date of this Act any overpayment or alleged overpayment of unemployment benefits
which were made or alleged to have been made to any person prior to January 1, 1984.
Approved February 8, 1989.
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CHAPTER 4
FORMERLY
SENATE BILL NO. 18
AS AMENDED BY SENATE AMENDMENT NO. I
AN ACT TO AMEND AN ACT, BEING CHAPTER 288, VOLUME 64, LAWS OF DELAWARE, AS AMENDED,
ENTITLED AN ACT TO REINCORPORATE THE TOWN OF LAUREL" TO CONFER UPON THE TOWN COUNCIL OF
THE TOWN OF LAUREL CERTAIN POWERS RELATING TO THE TAXATION OF REAL ESTATE TRANSFERS
WITHIN THE TOWN OF LAUREL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each House thereof concurring therein):
Section 1. Amend Chapter 288, Volume 64, Laws of Delaware, as amended, by adding
thereto a new Section following Section 30, to be designated as Section 30A, to read as
follows:
"Taxation of Real Estate Transfers
Section 30A.
The Town Council of the Town of Laurel, in addition to all other powers
conferred upon it by this Act, shall have the power and authority by ordinance or
ordinance to levy, assess and collect or provide for the levying, assessment and
collection of such taxes as shall be determined by the Town Council to be paid by the
transferor or transferee upon the transfer of real property or any interest in real
property situate within the corporate limits of the Town of Laurel, regardless of where
the instruments making the transfers are made, executed or delivered or where the actual
settlements on such transfers occur; provided however, that no tax levied under this
Section shall exceed one percent (1%) of the sale price (including the value of any
assumed mortgage or mortgages); and provided further, that no tax shall be levied upon
an organization exempted from ad valorem real estate taxes.
No ordinance or ordinances providing for a tax on the transfer of real
property or any interest in real property authorized under this Section shall become
effective unless it receives an affirmative vote of two thirds (2/3) of all the elected
members of the Town Council of the Town of Laurel. If the taxing power authority
granted under this Section shall be exercised by way of a stamp affixed to a document
presented for recording, the Recorder of Deeds, in and for Sussex County, shall not
receive for record any document subject to such tax unless such stamps are affixed
thereto.
The Town Council of the Town of Laurel may adopt an ordinance or ordinances to
provide for the effective administration and regulation of any tax adopted pursuant to
the provisions of this Section.
No tax levied under this Section shall exceed one percent (1%) of the sale
price (including the value of any assumed mortgage or mortgages) or of the fair market
value of the real property so transferred; and provided, however, that no tax shall be
imposed upon an organization which is exempted from ad valorem taxes. The provisions of
Section 5401 and Section 5403, Paragraph 54, Title 30, Del. C., shall be applicable to
any realty transfer tax imposed pursuant to this Act.
The Town Council may provide by Ordinance for the collection of such tax by
the Recorder of Deeds, in and for Sussex County, and shall prescribe in such Ordinance
the charge that will be paid for such collection of such realty transfer tax authorized
by this Section.
This Act shall not become effective until it shall be approved by a majority
of the qualified voters at a Special Election to be held pursuant to a Resolution
adopted by the Town Council of the Town of Laurel. The Town Council shall give notice
of the Special Election by printing a copy of the Resolution calling the Special
Election in at least two (2) issues of a newspaper having a general circulation within
the corporate limits of the Town of Laurel within thirty (30) days immediately preceding
the date of such Special Election. At the said Special Election, every person who is a
bona fide resident of the Town of Laurel and who would be entitled at the time of the
holding of the said Special Election pursuant to the provisions of this Act to register
and vote in the Annual Municipal Election if such Annual Municipal Election were held on
the day of the Special Election to be held pursuant to the provisions of this Act may
vote at the said Special Election regardless of whether such person is registered to
Chapter 4
3
vote in the Annual Municipal Election. The Special Election shall be held by a Board of
Election to be appointed by the Mayor of the Town of Laurel at least two (2) weeks
before such Special Election. The Board of Election shall consist of an Inspector of
the Special Election and such Judges as shall be appointed by the Mayor of the Town of
Laurel. If a majority of the votes cast at the Special Election shall be in favor of
the transfer tax authorized by this Act, the tax may be levied and collected as provided
for in this Act. The Board of Election holding the Special Election shall meet
immediately after the close of such Special Election to ascertain the result and shall
certify the result to the Town Council. The hours of the Special Election shall be from
one o'clock in the afternoon, prevailing time, until eight o'clock in the evening,
prevailing time, and such persons who are In the polling place at eight o'clock in the
evening, prevailing time, shall be entitled to vote even though such votes may be cast
after eight o'clock in the evening, prevailing time. If the majority of the votes cast
at any Special Election held under this Act shall be against the levying of the tax
authorized by this Act, the proposition shall not again be submitted to the qualified
voters until the expiration of ninety (90) days from the date of the said Special
Election."
Approved March 30, 1989.
CHAPTER 5
FORMERLY
SENATE BILL NO. 20
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSES; AND PERMITTING NURSES TO
MAKE PRONOUNCEMENTS OF DEATH UNDER CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend subsection (e), Section 1703, Chapter 17, Title 24 of the Delaware
Code by adding thereto a new paragraph, designated as paragraph (9), which paragraph shall
read as follows:
"(9) Any licensed registered nurse from making a pronouncement of death, and
signing all forms or certificates registering such death as may be required by the
State; provided, however, that this provision shall only apply to attending nurses
caring for terminally ill patients in the home or place of residence of the deceased as
part of a hospice program, or in a hospice; and provided that the attending physician of
record has agreed in writing to permit the attending registered nurse to make a
pronouncement of death."
Section 2. Amend §1902, Chapter 19, Title 24 of the Delaware Code by adding the
following sentence to the end of subsection (b):
"A registered nurse shall have the authority, as part of the practice of
professional nursing, to make a pronouncement of death; provided, however, that this
provision shall only apply to attending nurses caring for terminally ill patients in the
home or place of residence of the deceased as part of a hospice program, or in a
hospice; and provided that the attending physician of record has agreed in writing to
permit the attending registered nurse to make a pronouncement of death."
Approved April 4, 1989.
4
CHAPTER 6
FORMERLY
SENATE BILL NO. 40
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 28, TITLE 24, DELAWARE CODE, RELATING TO PROFESSIONAL ENGINEERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §2817(1)(a), Chapter 28, Title 24, Delaware Code, by striking said
subsection (1)(a) in its entirety and substituting in lieu thereof a new subsection (1)(a)
to read as follows:
"(1) Graduates from ABET or CEAB - Accredited Engineering Curricula
(a) Graduation with a baccalaureate degree from an engineering curriculum
accredited by the Accreditation Board for Engineering and Technology (ABET) or by
the Canadian Engineering Accreditation Board (CEAB); and".
Section 2. Amend §2817(5)(a), Chapter 28, Title 24, Delaware Code, by striking subpart
(a) of subsection (5) in its entirety and sibstituting in lieu thereof a new subpart (a) to
read as follows:
"(a) The Council may, upon application and payment of the required fee and without-further
examination, issue registration as a professional engineer to any person holding a
valid certificate of registration as a professional engineer issued to that person by a
proper authority of a state, territory or possession of the United States, the District of
Columbia, or a province or territory of Canada, provided:
(I) the professional engineering qualifications of the applicant on the
effective date of such certificate of registration would have satisfied the
requirements for registration in this State on that date, or
(ii) the professional engineering qualifications of the applicant at any time
subsequent to the effective date of such certificate of registration would have
satisfied the requirements for registration in this State in effect at that time.
A personal interview may be required by Council to ascertain the facts in the case."
Section 3. Amend §2817(6), Chapter 28, Title 24, Delaware Code, by striking subpart (6>
of said subsection (6) in its entirety and substituting in lieu thereof a new subpart (b)
to read as follows:
"(b) Every applicant shall give not less than 5 references, people who state that
in their opinion and by their personal knowledge the applicant is of good character and
reputation and is qualified to practice as a professional engineer. At least 3 such
references shall be registered professional engineers in this or any other state,
territory or possession of the United States, the District of Columbia, or province or
territory of Canada."
Section 4. Amend §2817(6), Chapter 28, Title 24, Delaware Code, by striking subpart (f)
of subsection (6) in its entirety and substituting in lieu thereof a new subpart (f) to
read as follows:
"(f) Th examination in Principles and Practices of Engineering shall not be taken
until after the completion of the professional experience requirement. The Council may
waive this requirement in the case of an applicant who has previously passed the
examination in any other state, territory, or possession of the United States, the
District of Columbia, or province or territory of Canada."
Section 5. Amend §2818(a), Chapter 28, Title 24, Delaware Code, by striking subsection
(a) in its entirety and substituting in lieu thereof a new subsection (a) to read as
follows:
"(a) The experience of a full-time faculty member teaching advanced engineering
subjects In an ABET-accredited, or a CEAB-accredited engineering curriculum may be
accepted as part of the professional experience specified in §2817(1) or (2) of the
Chapter."
Chapter 6 5
Section 6. Amend §2819(1)(a), Chapter 28, Title 24, Delaware Code, by striking subpart
(a) of subsection (l) in its entirety and substituting in lieu thereof a new subpart (a) to
read as follows:
"(1)(a) Graduation with a baccalaureate degree from an ABET or CEAB accredited
engineering curriculum or from a Council approved curriculum in engineering not ABET or
CEAB accredited, engineering technology or science related to engineering; or".
Section 7. Amend §2820, Chapter 28, Title 24, Delaware Code, by striking therefrom the
first paragraph beginning with the word "Individuals" and ending with the words "in this
State." and substituting in lieu thereof the following new paragraph to read as follows:
"Individuals not residing in this State, not having full-time employment in this
State, and not having established a place of business for the practice of professional
engineering within this State, who are legally qualified by registration to practice
engineering as defined within this chapter in the state, territory or possession of the
United States, the District of Columbia, or province or territory of Canada where they
reside or are in business, may make application to the Council in writing for a permit
to practice professional engineering in this State."
Approved April 7, 1989.
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CHAPTER 7
FORMERLY
HOUSE BILL NO. 113
AN ACT TO AMEND CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT
AMENDING, REVISING, AND CHANGING THE CHARTER OF THE CITY OF DOVER RELATING TO CHANGING
THE DATES FOR SUBMITTING THE ANNUAL BUDGET, THE ANNUAL ASSESSMENT, THE ANNUAL TAX
WARRANTS, AND BY ABOLISHING THE ANNUAL TAX DISCOUNT AND CREATING A DIFFERENT MUNICIPAL
LIEN DOCKET."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of the
members elected to each House thereof concurring therein):
Section 1. Amend Section 44 by striking the month of "June" as stated in the first
sentence thereof and by inserting in its place the month of "May" so that the City Manager
will be required to prepare and submit to Council his annual budget on the second Monday of
May of each year.
Section 2. Amend Section 47 by striking the month of "March" in the second and fourth
paragraphs thereof and by substituting therefor the month of "May" in each case which
changes the date when the annual assessment is to be made, submitted to Council, and posted.
Section 3. Amend Section 48 by striking the month of "April" as stated in the first
sentence thereof and by substituting therefor the month of "June" which changes the date
when Council shall determine the amount of money to be raised for general purposes for the
next fiscal year.
Section 4. Amend Section 49 by striking the month of "April" in the first sentence
thereof and by inserting therefor the month of "June" and in the second paragraph thereof
further striking the following sentence in its entirety: "A discount of five (5) percent
shall be allowed on taxes paid during the month of May in the calendar year they are
assessed."
Section 5. Amend Section 28(D) regarding the Municipal Lien Docket by striking this
section in its entirety and by substituting therefor the following subsection (D) to read
as follows:
"(D) MUNICIPAL LIEN DOCKET
A docket known as the 'City of Dover Municipal Lien Docket' shall be prepared and
maintained by the City Manager. The Docket shall be substantially in the same form as
the Judgment Docket for Kent County and shall contain an index according to the name of
the owner against whom such lien has been assessed. All taxes and charges for water
service, sewer service, garbage service, electric service, grass cutting services and
debris removal, dangerous building ordinance costs and assessments, special assessments
for municipal improvements of any nature, and all other charges or assessments made by
the City against property owners may be recorded in the Municipal Lien Docket and shall
be and constitute a lien upon all of the real estate of the taxable against or upon whom
such taxes and/or charges are laid or imposed, of which such taxable was seized at any
time after such taxes and/or charges have been levied and imposed, situate in the City
of Dover. All liens so recorded shall continue in full force and effect until the same
plus accrued costs and interest have been paid in full. Upon payment in full of the
lien and all costs and interest, it shall be the duty of the City Manager to enter
forthwith upon the docket the date of final payment and the words 'satisfied in full.'
Failure to record liens in the Municipal Lien Docket shall not af t liens otherwise
provided for in 25 Del. C. §2901 et seq."
Approved April 13, 1989.
CHAPTER 8
FORMERLY
HOUSE BILL NO. 152
AS AMENDED BY
HOUSE AMENDMENT NOS. 1 AND 5 AND SENATE AMENDMENT NOS. 2, 3, 4 AND 5
AN ACT TO AMEND CHAPTERS 93 AND 95 OF TITLE 29 RELATING TO UNIFORM RELOCATION ASSISTANCE
AND REAL PROPERTY ACQUISITION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1 Amend Title 29, Chapter 93, Section 9301 by deleting the same and inserting
in lieu thereof:
19301 Definitions
As used in this chapter:
(a) The term 'agency' means any department, agency, or instrumentality of the
State or of a political subdivision of the State, any department, agency, or
instrumentality of two or more States, or two or more political subdivisions of the State,
or States, and any person who has the authority to acquire property by eminent domain under
State law.
(b) The term 'person' means any individual, family, partnership, corporation, or
association.
(c) (1) The term 'displaced person' means:
(A) any person who moves from real property, or moves personal property from
real property --
(I) as a direct result of a written notice of intent to acquire, the
initiation of negotiations, or the acquisition of such real property in whole or in
part for a program or project undertaken by an agency; or
(11) as a direct result of rehabilitation, demolition, or such other
displacing activity as the Agency may prescribe, under a program or project
undertaken by an agency in any case in which the agency determines that such
displacement is permanent; and
(111) as a direct result of a written notice of intent to acquire, the
acquisition, rehabilitation or demolition of, in whole or part, of other real
property on which the person conducts a business or farm operation, for a program
or project undertaken by an agency; however, eligibility for such person under this
paragraph applies only for purposes of obtaining moving expenses and relocation
assistance advisory services under Sections 9302(a) and (b) and 9306 of this
Chapter.
(2) The term 'displaced person' does not include --
a person who has been determined, according to criteria established by
the Agency, to be either unlawfully occupying the displacement dwelling, been
evicted for lawful cause prior to the initiation of negotiations for the
property or to have occupied such dwelling for the purpose of obtaining
assistance under this chapter;
in any case in which the agency acquires property for a program or
project, any person (other than a person who was an occupant of such property
at the time it was acquired) who occupies such property on a rental basis for a
short term or a period subject to termination when the property is needed for
the program or project.
in any case where such action is of voluntary nature where the agency
would not seek to purchase such real property through eminent domain
proceedings.
(d) The term 'business' means any lawful activity, except a farm operation,
conducted primarily:
7
Chapter 8
for the purchase, sale, lease and rental of personal and/or real
property, and/or for the manufacture, processing, and/or marketing of products, commodities
or any other personal property;
for the sale of service to the public;
by a lawful nonprofit organization; or
solely for the purposes of Section 9302 of this chapter for assisting in
the purchase, sale, resale, manufacture, processing or marketing of products, commodities,
personal property, or services by the erection and maintenance of an outdoor advertising
display or displays, whether or not such display or displays are located on the premises on
which any of above activities are conducted.
The term 'farm operation' means any activity conducted solely or primarily for
the production of one or more agricultural products or commodities, including timber, for
sale or home use, and customarily producing such products or commodities in sufficient
quantity to be capable of contributing materially to the operator's support.
The term 'comparable replacement dwelling' means any dwelling that is (A)
decent, safe, and sanitary; (B) adequate in size to accommodate the occupants; (C) within
the financial means of the displaced person; (ID functionally equivalent to the
displacement dwelling; (E) in an area not subject to unreasonably adverse environmental
conditions; (F) in a location generally not less desirable than the location of the
displaced person's dwelling with respect to public utilities, facilities, services, and the
displaced person's place of employment; (G) on a site that is typical in size for
residential development; and (H) currently available on the open market to the displaced
person.
The term 'mortgage' means such classes of liens as are commonly given to
secure advances on, or the unpaid purchase price of, real property, under the laws of the
State of Delaware, together with the credit instruments, if any, secured thereby.
'criteria established by the Agency' as used in this Chapter, shall mean those
criteria established and approved pursuant to the relevant provisions of 49 CFR Part 24, as
amended.
in the event a term in this Chapter is undefined, but which term is defined in
49 CFR Part 24, as amended, the definition contained therein shall apply.
Section 2. Amend Section 9302(a), Chapter 93, Title 29 Delaware Code by adding thereto
a new subsection to be designated as subsection (4) and to read as follows:
"(4) Actual expenses necessary to reestablish a displaced farm, nonprofit
organization, or small business at its new site, in accordance with criteria
established by the Agency, but not to exceed $10,000. Notwithstanding the
limitations of the preceding sentence, State agency payments under this subsection
shall use the same criteria and shall be authorized to pay in excess of the $10,000
payment permitted by the preceding sentence under said criteria, but shall not use
or attempt to obtain reimbursement from federal funds to the extent of the excess.
In any event, total payments under this subsection shall not exceed $22,500."
Section 3. Amend Section 9302, Chapter 93, Title 29 Delaware Code by deleting existing
subsections (b) and (c) and substituting in lieu thereof the following:
Any displaced person eligible for payments under subsection (a) of this
section who is displaced from a dwelling and who elects to accept the payments authorized
by this subsection in lieu of the payments authorized by subsection (a) of this section
may receive a fixed expense allowance payment in an amount to be determined according to
criteria established by the agency, except that such payment shall not be less than
$250.00 nor more than $850.00.
Any displaced person eligible for payments under subsection (a) of this
section who is displaced from the pers,w's place of business or farm operation and who is
eligible under criteria established by the Agency may elect to accept the payment
authorized by this subsection in lieu of the payment authorized by subsection (a) of this
section. Such payment shall consist of a fixed payment in an amount to be determined
according to criteria established by the Agency, except that such payment shall be not
less than $1,000 nor more than $20,000. A person whose sole business at the displacement
dwelling is the rental of such property to others shall not qualify for a payment under
this subsection."
Chapter 8
Section 4. Amend Title 29, Chapter 93, Section 9303 by deleting the same and inserting
in lieu thereof:
19303 - Replacement Housing for Homeowners
(a) In addition to payments otherwise authorized by this chapter, the displacing
agency shall according to established criteria make an additional payment, not in excess
of $22,500, to any displaced person who is displaced from a dwelling actually owned and
occupied by such displaced person for not less than one hundred and eighty days prior to
the initiation of negotiations for the acquisition of the property. Such additional
payment shall include the following elements:
The amount, if any, which when added to the acquisition cost of the
dwelling acquired by the displacing agency, equals the reasonable cost of a
comparable replacement dwelling.
The amount, if any, which will compensati such displaced person for
any increased interest costs and other debt service costs which such person is
required to pay for financing the acquisition of any such comparable
replacement dwelling. Such amount shall be paid only if the dwelling acquired
by the agency was encumbered by a bona fide mortgage which was a valid lien on
such dwelling for not less than one hundred and eighty days immediately prior
to the initiation of negotiations for the acquisition of such dwelling.
Reasonable expenses incurred by such displaced person for evidence of
title, recording fees, and other closing costs incident to the purchase of the
replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by this section shall be made only to a
displaced person who purchases and occupies a decent, safe, and sanitary replacement
dwelling within one year after the date on which such person receives final payment from
the agency for the acquired dwelling or the date on which the obligation of the agency
under section 9307 of this chapter is met, whichever is later, except that the agency may
extend such period for good cause. If such period is extended, the payment under this
section shall be based on the costs of relocating the person to a comparable replacement
dwelling within one year of such date.
Section 5. Amend Title 29, Chapter 93, Section 9304 by deleting the same and inserting
in lieu thereof:
19304 - Replacement Housing for Tenants and Certain Others
In addition to amounts otherwise authorized by this chapter, an agency
shall make a payment to or for any displaced person displaced from any dwelling not
eligible to receive a payment under section 9303 which dwelling was actually and lawfully
occupied by such displaced person for not less than ninety days immediately prior to (1)
the initiation of negotiations for acquisition of such dwelling and has rented or
purchased and occupied a decent, safe, and sanitary replacement dwelling within one year
of moving from the displacement dwelling or (2) in any case in which displacement is not a
direct result of acquisition, such other event as the Agency shall prescribe. Such
payment shall be made in accordance with criteria established by the agency not to exceed
$5,250.00 and shall consist of the amount necessary to enable such person to lease or rent
for a period not to exceed 42 months, a comparable replacement dwelling. At the
discretion of the agency, a payment under this subsection may be made in periodic
installments.
Any person eligiblefor a payment under subsection (a) of this section
may elect to apply such payffient to a down payment on, and other incidental expenses
pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such
person may, at the discretion of the agency, be eligible under this subsection for the
maximum payment allowed under subsection (a), except that, in the case of a displaced
homeowner who has owned and occupied the displacement dwelling for at least 90 days but
not more than 180 days immediately prior to the initiation of negotiations for the
acquisition of such dwelling, such payment shall not exceed the payment such person would
otherwise have received under section 9303(a) of this chapter had the person owned and
occupied the displacement dwelling 180 days immediately prior to the initiation of such
negotiations.
The full amount of the replacement housing payment for down payment
assistance must be applied to the purchase price of the replacement dwelling and related
incidental expenses."
9
10 -------7CJtapter
Section 6. Amend Title 29, Chapter 93, Section 9306, by deleting the same and
Inserting In lieu thereof:
19306 - Relocation Assistance Advisory Services
(a) Programs or projects undertaken by an agency shall be planned In a manner that:
(1) recognizes, at an early stage in the planning of such programs or projects
and before the commencement of any actions which will cause displacements, the
problems associated with the displacement of individuals, families, businesses,
and farm operations; and
(2) provides for the resolution of such problems in order to minimize adverse
impacts on displaced persons and to expedite program or project advancement and
completion.
(b) Agencies shall ensure that the relocation assistance advisory services
described in subsection (c) of this section are made available to all persons displaced by
such agency. If such agency determines that any person occupying property immediately
adjacent to the property where the displacing activity occurs is caused substantial
economic injury as a result thereof, the agency may make available to such person such
advisory services.
(c) Each relocation assistance advisory program required by subsection (b) of
this section shall include such measures, facilities, or services as may be necessary or
appropriate in order to:
determine, and make timely recommendations on, the needs and
preferences, if any, of displaced persons for relocation assistance;
provide current and continuing information on the availability, sales
prices, and rental charges of comparable replacement dwellings for
displaced homeowners and tenants and suitable locations for businesses and
farm operations;
assist a person displaced from a business or farm operat.on in
obtaining and becoming established in a suitable replacement location;
supply (A) information concerning Federal, State, and local programs
which may be of assistance to displaced persons, and (6) technical
assistance to such persons in applying for assistance under such programs;
provide other advisory services to displaced persons in order to
minimize hardships to such persons in adjusting to relocation; and
the agency shall coordinate relocation activities performed by such
agency with other Federal, State or local governmental actions in the
community which could affect the efficient and effective delivery of
relocation assistance and related services.
(d) Notwithstanding section 9301(c)(2) of this chapter, in any case in which
an agency acquires property for a program or project, any person who occupies such
property on a rental basis for a short term or a period subject to termination when the
property is needed for the program or project shall be eligible for advisory services to
the extent determined by the agency."
Section 7. Amend Title 29, Chapter 93, section 9307, by deleting the same and inserting
in lieu thereof:
19307 - Assurance of Availability of Housing
If a program or project undertaken by an agency cannot proceed on a timely
basis because comparable replacement dwellings are not available, and the agency
determines that such dwellings cannot otherwise be made available, the head of the agency
may take such action as Is necessary or appropriate to provide such dwellings by use of
funds authorized for such project. The agency may use this section to exceed the maximum
amounts which may be paid under sections 9303 and 9304 on a case-by-case basis for good
cause as determined in accordance with such regulations as the agency shall issue.
No person shall be required to move from a dwelling on account of any program
or project undertaken by an agency unless the agency is satisfied that comparable
replacement housing Is available to such person.
(c) The agency shall assure that a person shall not be required to move from a
dwelling unless the person has had a reasonable opportunity to relocate to a comparable
replacement dwelling, except in the case of --
a major disaster as defined In section 102(2) of the Federal Disaster
Relief Act of 1974;
a national emergency declared by the President or a state of
emergency declared by the Governor; or
any other emergency which requires the person to move immediately
from the dwelling because continued occupancy of such dwelling by such
person constitutes a substantial danger to the health or safety of such
person."
Section 8. Amend Title 29, Chapter 93, Section 9310 by deleting the same and inserting
In lieu thereof:
19310 - Fund Availability
(a) Funds appropriated or otherwise available to any agency or unit of local
government for the acquisition of real property or any interest therein for a particular
program or project shall also be available to carry out the provisions of this Act as
applied to that program or project.
(b) No payment or assistance under this chapter or under chapter 95 of this title
shall be required to be made to any person or included as a program or project cost under
this section, if such person receives a payment required by Federal, State, or local law
which is determined by the Agency to have substantially the same purpose and effect as
such payment under this chapter or under Chapter 95 of this title."
Section 9. Amend Chapter 95, Title 29, Section 9501 by deleting the second paragraph
thereof and inserting in lieu thereof:
19501 - Declaration of Policy and Definitions
The term 'agency' means any department, agency, or Instrumentality of the State or
of a political subdivision of the State, any department, agency, or instrumentality of two
or more States, or two or more political subdivisions of the State, or States, and any
person who has the authority to acquire property by eminent domain under State law."
Section 10. Amend Section 9505(2), Chapter 95, Title 29 of the De/aware Code by
deleting the period at the end of said subsection and inserting thereto the following:
"except that the agency may with owner's permission, eliminate the appraisal
In cases involving acquisition by donation."
Section 11. Amend Section 9505(9), Chapter 95, Title 29 of the Delaware Code by
deleting said subsection in its entirety and substituting in lieu thereof the following:
If the acquisition of only a portion of a property would leave the owner
with an uneconomic remnant, the agency concerned shall offer to acquire that
uneconomic remnant. For the purpose of this Act, an uneconomic remnant is a
parcel of real property in which the owner is left with an interest after the
partial acquisition of the owner's property and the agency concerned has
determined the parcel has little or no value or utility to the owner."
Section 12. Amend Section 9505, Chapter 95, Title 29 of the Delaware Code by adding
thereto subsections (10 and (11), which shall read as follows:
A person whose real property is being acquired in accordance with this
Title may, after the person has been fully informed of his right to receive just
compensation for such property, donate such property, any part thereof, any
interest therein, or any compensation paid therefor, to an agency, as such person
shall determine,

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1989
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 9, A. D.
1990
VOLUME LX VII